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Which one of the following police officers has the power to decide whether to register the case under Section 113 Bharatiya Nyaya Sanhita, 2023 or under Unlawful Activities (Prevention) Act, 1967 ?
Explanation
Under Section 113 of the Bharatiya Nyaya Sanhita (BNS), 2023, which defines and penalizes "Terrorist Acts", a specific procedural safeguard has been established to manage the overlap with special laws. According to Section 113(5) of the BNS, an officer not below the rank of Superintendent of Police (SP) shall decide whether to register a case under this section of the BNS or under the provisions of the Unlawful Activities (Prevention) Act (UAPA), 1967.
This provision ensures high-level administrative scrutiny before invoking terror-related charges in the general criminal code, preventing potential misuse by lower-ranking police officials. While the BNS now includes terrorism as an offense, the UAPA remains the primary special legislation, and this mandate ensures that the choice of law is made by a senior officer based on the gravity and nature of the offense.